Pawan Thakur 31 July 2025
Dr. J C Vashista (Advocate ) 31 July 2025
Did you file (wirtten) representation to higher officers ?
R.K Nanda (Advocate) 31 July 2025
File writ of MANDAMUS in high court against central government to get your relief.
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 31 July 2025
To seek exemption from field-based duty due to osteoarthritis or knee issues as a central government technical employee working with Forest Survey of India in Shimla, follow these steps: -
*Obtain a Medical Certificate*: Get a detailed medical certificate from your doctor specifying your condition, its impact on your mobility, and your ability to perform fieldwork. The certificate should mention any restrictions or limitations. -
*Submit a Formal Request*: Write a formal request to your office, attaching the medical certificate, explaining your situation, and requesting exemption from field duties. Specify your willingness to take up alternative office-based roles. -
*Cite Relevant Rules and Regulations*: Mention the relevant rules and regulations, such as the Rights of Persons with Disabilities (RPWD) Act, 2016, and Office Memorandum (OM) issued by the Department of Personnel and Training (DOPT), that support your request for accommodation. -
*Request Accommodation*: Ask your office to provide reasonable accommodations, such as adjusting your job duties or reassigning you to a role that doesn't require extensive fieldwork. -
*Follow Up*: If your request is not entertained, follow up with your office and consider escalating the matter to higher authorities or seeking support from your department's welfare or personnel division.
*Key Points to Include in Your Request* - *Medical Condition*: Clearly describe your osteoarthritis or knee issue and its impact on your mobility and ability to perform fieldwork. -
*Restrictions and Limitations*: Specify any restrictions or limitations imposed by your doctor, such as avoiding prolonged standing, walking, or heavy lifting. -
*Alternative Roles*: Suggest alternative office-based roles that you can perform without exacerbating your condition. -
*Supporting Documents*: Attach relevant documents, including medical certificates, test reports, and any previous communications with your office regarding your condition.
*Next Steps* - If your office still doesn't accommodate your request, consider seeking advice from a lawyer specializing in service matters or contacting your department's grievance redressal mechanism. -
Keep a record of all communications, including dates, times, and details of conversations with your office and colleagues.
Pawan Thakur 31 July 2025
Sir I am requesting since last 2 years. And i have submitted all the documents with so many representation. Now I want to know that can I directly go to Himachal Pradesh High Court instead of CAT
P. Venu (Advocate) 31 July 2025
Yes need to approach the CAT relying upon the provisions of Section 20 of Rights of Persons with Disabilities Act, 2016 and the directions of the Supreme Court in Bhagwan Dass & anr vs Punjab State Electricity Board.
However, the CAT can only direct the authorities to consider your request based upon the extant norms. There could be no decision from the CAT to exempt you from field duty.
kavksatyanarayana (subregistrar/supdt.(retired)) 31 July 2025
You shall submit a request to the government (Ministry of your Department) by registered post, and if no response, then approach the court.
Pawan Thakur 31 July 2025
I respect your reply Sir. As you said that there could be no decision fromthe CAT toexempt.then what about the Office Memorandum No.18017/1/2014-Estt(L) dated 25th February 2015, issued by the Department of Personnel & Training (DoPT). As CAT is also the part of DoPT.
My question is that if i got the benchmark disability then am i may eligible for the suitable accomodation instead of filed duty. second question is that if CAT is not the best way for the relief then may i directly went to Himachal High Court.
T. Kalaiselvan, Advocate (Advocate) 31 July 2025
A central government employee with a locomotor disability may be able to seek exemption from field duty under the Rights of Persons with Disabilities Act (RPWD Act), 2016.
The RPWD Act emphasizes reasonable accommodation and provides for exemptions based on the nature of the disability and the specific job requirements.
The severity and specific limitations caused by the locomotor disability will be assessed.
The essential functions of the field duty will be evaluated to determine if the disability poses a substantial obstacle.
The DoPT also clarifies that if an establishment seeks exemption from the reservation provisions for persons with disabilities, they need to justify it to the Ministry of Social Justice and Empowerment.
You may make a written representation to the authorities concerned before approaching legal sources.
Sudhir Kumar, Advocate (Advocate) 03 August 2025
If you are central govt employee then you can approach cat.
hOWEVER THE EAIER ROUT WILL BE TO GIVE A COMPLAINT TO THE dISBILITY cOMMISSION
Pawan Thakur 03 August 2025
Thanks for reply Sir. I have diagnosed with Osteoarthritis and it is not possible me to continue the field work, which is mostly 10 months through out the year. So i am representing my case since 2023. But office deny with the reply that you are recruited only for the field duty, thats why i apky for the locomotar disability which is assessed on 29th August 2025. After that i will decide adn take the opinion from you. Regards
Dr. J C Vashista (Advocate ) 04 August 2025
Since osteoarthritis (OA) is known as a “wear and tear” condition, generally associated with aging. It is a disease of the entire joint, including bone, cartilage, ligaments, fat and the tissues lining the joint (the synovium).
Osteoarthritis can degrade cartilage, change bone shape and cause inflammation, resulting in pain, stiffness and loss of mobility.
Were you appointed in the quota meant for disabled person with already diagnosis of Osteoarthritis in forest survey of India Shimla or you have developed the disease during service only,
In any case, you should file OA before CAT after availing departmental legal opportunity.
The High Court shall not entertain your petition / case directly.
Sudhir Kumar, Advocate (Advocate) 05 August 2025
whher you hae disabiity certifiae from competent authroity.